Wednesday, January 19, 2005

Here We Go

I was wondering when all this would start:

The woman once known as "Jane Roe" has asked the supreme court to overturn its landmark decision that legalised abortion 32 years ago.

Norma McCorvey, whose protest against the abortion ban in Texas led to the 1973 ruling, now contends in a petition to the court that the case should be heard again in light of evidence that the procedure may harm women.

"Now we know so much more, and I plead with the court to listen for witnesses and re-evaluate Roe v Wade," said McCorvey, who says she regrets her role in the case.

The procedure may indeed harm women. So does giving birth, and, unfortunately for the argument "Jane Roe" presents here, the potential harm of giving birth is much greater than that involved in medically performed abortions.

This has nothing to do with worries about harming women, of course. If anything, the reverse is the intention. Listen to this: a strongly worded concurrence, the 5th US circuit court of appeals judge Edith Jones criticised the abortion ruling and said new medical evidence may well show undue harm to a mother and her foetus.

Bolds mine.

Do you think that she was trying to be funny? This judge is a religious wingnut, unless I'm conflating two different Edith Joneses here. But I don't think so. Here is an excerpt from a speech an Edith Jones gave last year:

Jones criticized the United States Supreme Court during the Chief Justice Earl Warren era for its lack of prudence, citing cases that created, what Bickel called, a "web of subjectivity" and led to a "national litigation explosion." Jones added that, while America is still the most religious society in the western world, it has been forced to deal with the unrepresentative secularity of the Supreme Court over the years. Still, the Supreme Court has acted prudently in certain cases, and the struggle to maintain judicial prudence is an ongoing fight where victory is elusive, Jones allowed.

Bolds mine.

I'm sure that judge Jones would just love to balance out all that unrepresentative secularity with some proper Bible-thumping. Too bad about the Constitution.